www.columbiatribune.com/2008/May/20080529News005.asp -
[Cached Version]
Published on: 5/29/2008
Last Visited: 5/30/2008
Those charges were dropped Tuesday about two weeks before Jackson was to go on trial, Boone County Assistant Prosecutor Richard Hicks said.
...
Hicks said prosecutors interviewed two eyewitnesses to the shooting but realized there were problems with the case.One of the witnesses was facing an unrelated criminal charge and told prosecutors he'd testify in exchange for a deal in that case.He later backed out, Hicks said.Another eyewitness was originally implicated in the crime and later told prosecutors he said Jackson was involved so that police would leave him alone.
'One recanted, and the other one has made himself unavailable,' Hicks said.
The prosecutor could subpoena uncooperative witnesses, but it is unknown whether they would show up in court or refuse to say anything at trial.In addition, Hicks said, the victim has had different recollections of the night and would not have provided sufficient testimony for a conviction.
'That's just not enough to make a case beyond a reasonable doubt,' the prosecutor said. 'And I only get one bite at this apple.'
Dismissing the case leaves open the possibility it could be refiled if more evidence becomes available, Hicks said.There is no statute of limitations for first-degree assault, a Class A felony.
Dismissing the case is frustrating, he said, not just for him but also for police and the victim's family.